State v. Graham
322 S.W.2d 188 (1959)
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Rule of Law:
Evidence of speed measured by a radar device is admissible in a criminal prosecution, provided the state establishes a prima facie case that the device was properly functioning and properly operated at or near the time of the alleged violation. Additionally, an employee of a motor carrier is personally liable for violating motor carrier regulations, including speed limits.
Facts:
- The defendant was an employee of 'Complete Auto Transit,' a licensed contract carrier, and was driving an auto transport loaded with four cars.
- The defendant operated the vehicle on U.S. Highway 66.
- A Missouri State Highway Patrol trooper, Trooper Findley, operated a radar speedmeter from a parked car beside the highway.
- The defendant drove the auto transport through the radar beam, and the device registered a speed of 65 miles per hour.
- Trooper Findley radioed another trooper, Trooper Killgore, who was positioned further down the highway.
- Trooper Killgore stopped the defendant's vehicle and made the arrest.
- After the arrest, the defendant admitted to Trooper Killgore that he had been traveling at 65 miles per hour.
Procedural Posture:
- The State of Missouri filed an information in the trial court charging the defendant with operating a motor carrier vehicle in excess of the 50 mph speed limit, in violation of Public Service Commission Rule No. 44.
- Following a trial, the defendant was convicted of the offense.
- The defendant, as appellant, appealed the judgment of conviction to the Springfield Court of Appeals, Missouri.
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Issue:
Is evidence from a radar speedmeter admissible to prove a vehicle's speed in a criminal prosecution, provided the device was tested for accuracy at or near the time of its use?
Opinions:
Majority - Ruark, J.
Yes. Evidence from a radar speedmeter is admissible to prove a vehicle's speed in a criminal prosecution, so long as a proper foundation is laid establishing the device's accuracy. The court took judicial notice of the scientific principle of radar as a reliable means of measuring speed. However, for evidence from a specific radar device to be admissible, the prosecution has the burden of establishing prima facie that the machine was functioning properly at the time of the violation. In this case, the state met its burden by presenting evidence that the troopers tested the device shortly before the arrest by comparing its readings to a patrol car's speedometer and by using calibrated tuning forks. The court also held that the statutory 50 mph speed limit for a 'motor carrier' applies to both common carriers and contract carriers, and that a specific statute makes an employee of a motor carrier personally liable for such violations.
Analysis:
This decision formally recognized the scientific validity of radar speed detection in Missouri, establishing a key precedent for the admissibility of a new type of technological evidence in traffic enforcement. By taking judicial notice of radar's underlying principles, the court streamlined the process for prosecutors. However, it also created a crucial safeguard for defendants by establishing the foundational requirement that the prosecution must prove the specific device used was accurate and properly operated at the time of the incident, thereby defining the grounds for future evidentiary challenges in radar-based speeding cases.
